Media Release - Operation Harrisdale

Thursday, 18 July 2024

The Law Enforcement Conduct Commission has made two findings of serious misconduct, several recommendations and emphasised the importance of the equitable and transparent treatment of all police, no matter their rank, according to a newly tabled report.

The report known as Operation Harrisdale, saw the Commission make findings of serious misconduct against a senior NSW Police Force officer (known as Officer AB) who crashed an unmarked police car in Sydney’s NorthConnex in May 2023.

The findings come after the Commission received complaints that senior police were attempting to interfere with the police investigation of the car crash as well as allegations of irregularities in the police response to the insurance claim.

The senior NSW Police Force officer attracted one finding of serious misconduct for deliberately leaving the scene of a car crash he caused in Sydney’s NorthConnex to avoid being breath tested.

The Commission made a second serious misconduct finding against the officer for being deliberately dishonest in his answers on the insurance claim form for the car he crashed, the report noted.

The Commission urged the NSW Police Force to amend its insurance forms to place a positive requirement on officers to disclose alcohol use when making an insurance claim, one recommendation in the report read.

The Commission found that Officer AB was treated more leniently in the way in which he was managed by his Commander and in the police review of his driving.

The favourable treatment led to other police officers losing confidence in the integrity of the NSW Police Force.

Chief Commissioner Peter Johnson SC said there are two audiences watching to see how allegations of criminal conduct by a police officer are dealt with.

“The general public wants to know if a police officer is dealt with in the same way as the ordinary citizen. But there is a second important audience. Other NSW Police Force officers watch to see if senior officers are dealt with in the same way as junior officers.

“If there is not equitable treatment of all police, it can lead to dissatisfaction in the ranks of the police generally,” he said.

The Commission found no evidence of interference with the police investigation of the car crash that led to the officer being charged.

Senior police acknowledged that a media release should have been issued promptly.

The Commission found no evidence that the failure to issue a media release involved impropriety, although that failure did damage the reputation of the NSW Police Force.

The Commission also identified concerns about the practice of NSW Police Force officers automatically deleting work-related electronic messages and whether this was consistent with statutory regimes dealing with record retention.

The Commission urged the Police Commissioner to issue guidance to her officers on the use of encrypted applications and the deletion of messages from police issued phones, another recommendation reads.

The Commission has made a non-publication order about parts of the Operation Harrisdale investigation. There shall be no disclosure of the name or image of the officers who gave evidence. Those persons are to be referred to using the pseudonyms contained in the report.

There are also Local Court suppression orders in place prohibiting the disclosure of the identity of Officer AB for 40 years. There shall be no disclosure including by way of publication of any information that identifies or tends to identify Officer AB.

The context which led to the Local Court suppression orders is unrelated to the circumstances of the crash, the Commission’s report noted.

The drink driving charges against Officer AB are yet to be finalised and are listed for summary hearing before the Local Court.

The Commission’s report on its Operation Harrisdale investigation can be found here.

For more information contact LECC Media.